Retail Theft in California: Why You Need to Speak to an Attorney
In California, California Penal Code or CPC Section 459.5(a) covers retail theft or stealing from a retail establishment when it’s opened. This charge, which covers shoplifting, usually differs from burglary or larceny as the amount stolen is a smaller amount.
According to the code, you cannot steal over $950 worth in items. Otherwise, entering a commercial building to commit larceny is defined as burglary. The FBI’s Uniform Crime Reporting (UCR) program defines larceny-theft as the taking, leading, carrying, or transport of property from another’s possession.
For example, this type of theft includes stealing property or articles that are not taken by fraud or violence. Therefore, an attempted larceny may include taking bicycles or auto accessories, shoplifting merchandise that is over $950 in value, or picking someone’s pocket.
How Shoplifting is Classified in California
Shoplifting or retail theft in California now has its own classifications, depending, again, on the amount of property taken. People who commit the crime who take under $50 of merchandise are normally charged with petty theft, which can either lead to an infraction or misdemeanor. A fine of $250 may be imposed as well.
If the property taken was under $950, it is still regarded as petty theft – once considered a felony charge. However, the state passed Proposition 47 to reduce the severity of the crime. Now, if you take under that amount, it’s considered a misdemeanor charge. The fine for this charge may be as much as $1,000.. Also, first time offenders may spend as much as 6 months in jail.
When Shoplifting Becomes a Felony Charge
If the property taken is $950 over greater in value, the charge jumps to a felony. People who are charged with this type of retail theft may end up going to jail for up to a year. If you’re charged with stealing a firearm, you may spend 16 months to three years in a penitentiary.
Even if you steal a small item from a retail establishment, it can taint how people perceive you for the remainder of your life. That is why it is essential to contact a criminal defense attorney if you’re caught shoplifting for even a small amount of merchandise.
For a misdemeanor shoplifting offense, again, you may have to pay a $1,000 fine and/or spend 6 months in the county jail. If you’re charged with a felony, you might be responsible for paying a fine as much as $10,000. A state prison may also be your home for up to three years.
Keep in mind too that the court does not give you a break for paying a fine. You cannot claim hardship in this respect. You still owe the money.
Moreover, committing a felony under Section 459.5 is applicable to California’s “Three Strikes” law. If your record shows “three strikes,” you can serve a minimum of 25 years in a state prison facility.
What the Prosecutor Has to Prove
To be found guilty under Penal Code 459.5(a) for a misdemeanor in California, a prosecutor must show you entered a commercial establishment during its hours of business. You did this for the sole purpose of stealing or committing a crime. They must also show that the property you took was valued at $950 or less.
Because shoplifting may be considered a felony or misdemeanor, it is defined as a wobbler crime in California. Therefore, a wobbler offense can be classified as a misdemeanor or felony, depending on the circumstances surrounding the incident.
Defending a Shoplifting Charge or Reducing the Sentence
Your criminal defense shoplifting attorney can either help you win your case against shoplifting or at least reduce the charges through a plea bargain arrangement. A common defense may include the following:
- The defendant meant to pay for the item, which was at the bottom of their cart, but forgot to do so. When they were stopped by security, they tried to explain the circumstances but were denied the chance to make amends.
Otherwise, you might stay out of jail by pleading guilty and going through a diversion program. This program allows the defendant to plead guilty to retail theft, provided they take a shoplifting class. In turn, they can get the charges dismissed so they don’t have to spend time in jail.
The main concern here lies with background checks. If an employer checks the defendant’s background, they might perceive the applicant was convicted of the crime if they pled guilty to the offense.
Contact an Attorney Today
Whatever happened during the incident, you should not speak to law enforcement without contacting an attorney first. In Los Angeles, you can get your questions and concerns answered about retail theft by contacting the law firm of Jance M. Weberman. Find out where you stand by speaking to a criminal defense shoplifting attorney. Call (213) 386-9100 today.